Supreme Court is yet to decide if Apple can use iPhone brand in Brazil.

After years of ongoing legal battles, Apple could potentially be forced to rename the iPhone in Brazil, as a result of exchanging numerous lawsuits with IGB Electronica. The latter have responded to the Supreme Court’s decision to hear the case by saying that “ the case is a win for those who wish to protect intellectual property”. IGB had submitted their iPhone trade mark application in the year 2000, which was a whole seven years prior to Apple launching their first iPhone.

However, the issue arises as IGB were not awarded any rights to the trade mark until 2008, as it had not been granted by the Brazilian Institute of Intellectual Property. The Federal Regional Court still ruled in favour of Apple, despite IGB’s early trade mark application. As a result of the ongoing dispute, Apple has filed a lawsuit to claim the brand in Brazil.

The tech giant also argued that IGB’s trade mark application could not have been granted after there was already a product of the same name in the world market. IGB insist that Apple’s arguments have been unfair and that the court should act upon decisions of when the trade mark was submitted. Apple has already made several deals across the globe, in order to be sure to acquire the “iPhone” brand, in all countries in which it sells its products.

If you have any questions regarding the above matter, please do not hesitate to get in touch with the Lawdit team today.

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